E222 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 Today, I honor him and ask all my col- For example, in the summer of 2000 two In addition, the bill would authorize the Sec- leagues to join me in remembering this politi- recreational off-road vehicle users ignored clo- retary of the Interior and the Secretary of Agri- cian and great leader from the great State of sure signs while four-wheel driving on Bureau culture to apply any funds acquired from rec- Florida. of Land Management land high above reational off-road vehicle violations to the area f Silverton, Colorado. As a result, they got stuck that was damaged or affected by such viola- for five days on a 70 percent slope at 12,500 tions, and to increase public awareness of the RESPONSIBLE OFF-ROAD VEHICLE feet along the flanks of Houghton Mountain. need for proper use of vehicles on federal ENFORCEMENT AND RESPONSE At first, they abandoned their vehicles. lands. (‘‘ROVER’’) ACT Then, they returned with other vehicles to pull This would give these agencies additional their vehicles out of the mud and off the resources to recover damaged lands and HON. MARK UDALL mountain. The result was significant damage areas that may be exposed to repeated viola- OF COLORADO to the high alpine tundra, a delicate ecosystem tions. IN THE HOUSE OF REPRESENTATIVES that may take thousands of years to recover. The bill does not put any lands ‘‘off limits’’ Wednesday, February 12, 2003 As noted in a Denver Post story about this in- to recreational off-road vehicle use. In fact, it Mr. UDALL of Colorado. Mr. Speaker, today cident, ‘‘alpine plant life has evolved to with- does not affect any specific lands in any way. I am again introducing a bill to improve the stand freezing temperatures, nearly year- The bill also does not provide for increased ability of the Bureau of Land Management and round frost, drought, high winds and intense fines for other activities that can damage fed- the Forest Service to respond to a serious solar radiation, but it’s helpless against big eral lands. There may or may not be a need problem affecting federal lands in Colorado tires.’’ for legislation along those lines, but in the and other states. Despite the extent of the damage, the viola- meantime I am seeking only to address this Throughout the west, and especially in Col- tors were only fined $600 apiece—hardly ade- one problem. orado, increased growth and development has quate to restore the area, or to deter others. Mr. Speaker, earlier this month I met with resulted in an increase in recreational use of Another example was an event in the moun- Chief Bosworth regarding several matters re- our public lands. These recreational uses tains near Boulder, Colorado, that became lated to management of the National Forests. have, in some cases, stressed the capacity of popularly known as the ‘‘mudfest.’’ During our conversation, he said that he con- the public land agencies to adequately control Two Denver radio personalities announced sidered problems associated with off-road ve- and manage such use. As a result, areas of that they were going to take their off-road four- hicles one of the greatest problems facing the our public lands are being damaged. wheel drive vehicles for a weekend’s outing on Forest Service. One of the uses that cause the greatest im- an area of private property along an existing I agree with the Chief—in fact, I think im- pacts are recreational off-road vehicles. The access road used by recreational off-road ve- proper use of recreational vehicles is a prob- results can include: damage to wildlife habitat; hicle users. Their on-air announcement re- lem of growing seriousness throughout the increased run-off and sediment pollution in riv- sulted in hundreds of people showing up and west. My intention with this bill is to help ad- ers and streams; damage to sensitive high-al- driving their vehicles in a sensitive wetland dress this problem so that all recreational titude tundra, desert soils, and wetlands; cre- area, an area that is prime habitat of the en- users of our public lands can have a reward- ation of ruts and other visual impacts on the dangered boreal toad. As a result, seven ing, safe and enjoyable experience. Every- landscape; loss of quiet and secluded areas of acres of wetland were destroyed and another one’s experience is diminished when a few the public lands; and adverse effects on wild- 18 acres were seriously damaged. Estimates bad actors spoil the resources and the beauty life. of the costs to repair the damage ranged from of our lands. I think this bill can help provide Recreational off-road vehicle use on our $66,000 to hundreds of thousands of dollars. the BLM and the Forest Service with better public lands should be allowed to continue, Most of the ‘‘mudfest’’ damage occurred on tools to respond by allowing appropriate rec- but it must be managed to minimize or avoid private property. However, to get to those reational use of our public lands while also these problems, by appropriate restrictions lands the off-road vehicle users had to cross protecting the resources and values of these and putting some sensitive areas off-limits to a portion of the Arapaho-Roosevelt National lands that belong to all the American people. vehicle use. Forest—but the Forest Service only assessed For the information of our colleagues, I am Most vehicle users are responsible—they a $50 fine to the two radio disc jockeys for not attaching a fact sheet about the bill. stay on designated roads and trails, they are securing a special use permit to cross the RESPONSIBLE OFF-ROAD VEHICLE respectful of the landscape and they endeavor lands. ENFORCEMENT AND RESPONSE (‘‘ROVER’’) ACT to tread lightly. However, there are a number Again, this fine is not commensurate to the BACKGROUND: In Colorado and throughout of such users who do not obey the rules. seriousness of the violation or the damage the west increased population growth has Given the nature of this use (large, powerful that ensured, or stands as much of a deterrent brought increased recreational use of federal motorized vehicles that are able to penetrate for future similar behavior. lands. This has made it harder for land-man- deeper and deeper into previously secluded aging agencies to adequately control and These are but two examples. Regrettably, areas), even a relatively few who violate man- manage such use. there have been many more such examples agement requirements can create serious Recreational and other use of off-road ve- not only in Colorado but also throughout the damage to public land resources. hicles (ORVs) can present serious problems. Yet, in some cases, recreational off-road ve- west. These examples underscore the nature This use should be allowed to continue, but of the problem that this bill would address. If must be managed and controlled to minimize hicle users ignore these closures and man- or avoid adverse effects. That involves clos- agement requirements. Often times, when we are to deter such activity and recover the damaged lands, we need to increase the au- ing-off some sensitive areas and other regu- these activities occur, the federal public land lations. agencies do not have the authority to charge thorities of the federal public land agencies. Improper use of vehicles can result in seri- fines commensurate with the damage that re- My bill would do just that. Specifically, it ous damage to the national forests and the sults. For example, under BLM’s basic law, would amend the Federal Lands Policy and public lands managed by the Bureau of Land the Federal Land Policy and Management Act Management Act and relevant laws governing Management (BLM). This can involve dam- of 1976, fines for violations of regulations—in- the Forest Service to authorize these agencies age to wildlife habitat; increased run-off and to assess greater fines on recreational off-road sediment pollution in rivers and streams; cluding regulations governing ORV uses—are damage to sensitive high-altitude tundra, limited to $1,000. That figure has remained vehicles for violations of management, use and protection requirements. The bill would desert soils, and wetlands; creation of ruts unchanged for a quarter of a century, and and other visual impacts to the landscape; does not reflect the fact that in many cases authorize the Secretary of the Interior and the loss of quiet areas due to the deeper penetra- the damage from violations will cost thousands Secretary of Agriculture to assess up to tion of off-road vehicles into previously se- more to repair. $10,000 in fines, or 12 months in jail, or both, cluded areas of the public lands; and impacts The bill I am introducing today would pro- for violations of road and trail closures and to wildlife from noise and effects on migra- vide for increased fines for such violations—to other management regulations by recreational tion corridors. $10,000 or the costs of restoring damaged off-road vehicles. The bill also would authorize Currently, the Forest Service and BLM do the Secretary of the Interior and the Secretary not always have clear authority to assess lands, whichever would be greater. The bill is fines commensurate with the costs of en- similar to one that I introduced in the 107th of Agriculture, in lieu of a specific dollar fine, forcement and the damage that often results. Congress. to assess fines equal to the costs required to For example, under the law governing BLM The need for this legislation was dem- rehabilitate federal public lands from damage lands, federal officials can only impose up to onstrated by incidents in several state, includ- caused by recreational off-road vehicle viola- $1,000 in fines while the damage that results ing some in Colorado. tions. could cost thousands more to address. The February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E223 Forest Service’s authority also needs clari- cranial nerve for those who suffer from a tic to Price Hill and our entire community. Foot- fying and strengthening. douloureux and hemifacial spasm. Dr. Abbasy ball fans throughout the Cincinnati area con- The bill would provide new authority, in pioneered the practice of lumbar gratulate the Panthers and share in their cele- order to increase public awareness, deter vio- lations, and help cover the costs of enforce- microdissectomies as an outpatient service at bration. ment and damages to affected lands. Baystate Medical Center in 1996, which re- Mr. Speaker, to appropriately honor these What the bill would do: duced recovery time and created savings for young men and coaches. I’d like to submit for Allow Increased Fines: The bill would au- the hospital. the RECORD the roster of the 2002 Elder pan- thorize the Secretary of the Interior and the As a resident of Longmeadow, MA, Dr. thers and a copy of their schedule and game Secretary of Agriculture to assess fines of up Abbasy was extremely involved in his commu- results. to $10,000 or the costs of restoration, which- nity. He was a member of the Hampden Dis- ELDER HIGH SCHOOL, 2002 OHIO HIGH SCHOOL ever is greater, for violation of ORV regula- trict Medical Society, the American Medical STATE FOOTBALL CHAMPIONS, FINAL tions. The current provisions for imprison- RECORD: 14–1 ment of 12 months in jail is retained. Association, the New England Neurological Apply Fines to Enforcement and the Area Society, the Pediatric Section of AANS/CNS, REGULAR SEASON Damaged: The bill would authorize the Sec- and the Congress of Neurological Surgeons. Game 1, August 24, 2002: Elder 42—Dixie retary of the Interior and the Secretary of Furthermore, he was a director of the Long- Heights 7. Agriculture to apply any funds acquired meadow Montessori School. Game 2, August 31, 2002: Louisville Trinity from recreational off-road vehicle violations According to his colleagues, friends, and 44—Elder 20. to the costs of enforcing off-road violations, family, Dr. Abbasy was a remarkable, bright, Game 3, September 6, 2002: Elder 42—West- increasing public awareness of the problem, ern Hills 8. and to repair damages to lands affected by and extremely dedicated surgeon. He brought Game 4, September 13, 2002: Elder 45—Indi- such violations. passion to his practice and always wanted to anapolis Roncalli 7. What the bill would not do: better the institutions and process of Game 5, September 21, 2002: Elder 45— Increase Closures of Public Lands: The bill healthcare. He is survived by his wife, the Cleveland St. Ignatius 35. would not require that any particular lands former Ann O’Connor, a son, Jamil, and a Game 6, September 27, 2002: Elder 21—St. be ‘‘off limits’’ to recreational off-road vehi- daughter, Shareen Abbasy. Xavier 17. cle use. Decisions about which roads or trails Mr. Speaker, Dr. Abbasy was a valued Game 7, October 5, 2002: Elder 47—Moeller 21. will remain open to such use would continue member of the community and an amazing in- to be made by the land-management agency. Game 8, October 11, 2002: Elder 29—LaSalle Apply to Other Uses: The bill would not dividual. He served the medical community for 19. impose increased fines for violation of any 25 years and his work will be remembered Game 9, October 18, 2002: Elder 45—Indian- regulations other than those applicable to and appreciated. He will be missed by all who apolis Cathedral 30. use of vehicles. had the opportunity to know him. Game 10, October 25, 2002: Elder 35—Oak Hills 8. Eliminate Fines for Other Violations: The f bill would not affect the current ability of PLAYOFFS the federal public land agencies from assess- TRIBUTE TO THE ELDER HIGH Round 1, November 2, 2002: Elder 20—St. ing existing fines and penalties for other ac- SCHOOL FOOTBALL TEAM Xavier 14. tivities that violate management, use and Round 2, November 9, 2002: Elder 31—Huber protection requirements. Such fines would HON. STEVE CHABOT Heights Wayne 3. continue to apply to violations of other regu- Regional Championship, November 16, 2002: lations. OF OHIO Elder 28—Colerain 21. f IN THE HOUSE OF REPRESENTATIVES State Semi-Final, November 23, 2002: Elder Wednesday, February 12, 2003 34—Findlay 31. HONORING MUNIR H. ABBASY, M.D. State Championship, November 30, 2002: Mr. CHABOT. Mr. Speaker, on the blustery, Elder 21—Warren Harding 19. HON. RICHARD E. NEAL frigid evening of November 30, 2002, the 2002 ELDER PANTHERS VARSITY FOOTBALL OF MASSACHUSETTS Elder High School football team made their ROSTER IN THE HOUSE OF REPRESENTATIVES championship dreams a reality. On a snow- Head Coach: Doug Ramsey. covered field, the Elder Panthers overcame Assistant Coaches: Ken Lanzillotta; Ray Wednesday, February 12, 2003 the weather, a four-hour bus ride, and a spir- Heidorn; Mike Kraemer; Craig James; Tim Mr. NEAL of Massachusetts. Mr. Speaker, I ited Warren Harding team to return the Ohio Schira; Matt Eisele; and Pat Good. would like to enter into the RECORD today state football championship to Cincinnati for Seniors: #78 Tom Anevski; #44 Tony these remarks to honor the accomplishments the first time since Princeton High School won Arszman; #6 Bob Asman; #3 Greg Bachman; #35 Mike Barone; #86 John Bauer; #73 Marty and life of Munir H. Abbasy, M.D., who died in in 1987. Bauer; #7 Nick Brandhorst; #36 Kyle a single engine airplane crash that he was pi- Thousands of Elder faithful braved the cold Brunsman; #76 Digger Bujnoch; #4 Dan loting on July 29, 2001. and snow flocking to Fawcett Stadium to urge Byrne; #97 Tony Carvitti; #33 Chris Cham- Dr. Abbasy graduated from Liaquat Medical the Panthers to victory. Those who couldn’t bers; and #98 Pat Christman. College in Pakistan in 1969, and completed make the cross-state trip sat glued to their #77 Conrad Cross; #15 Brian Crowley; #8 his internship at Cook County Hospital in Chi- TVs hanging on every play. From the opening Nick Daut; #2 Craig Davis; #40 Mike Eagan; cago. Abbasy followed his internship with a kickoff to the three critical touchdown drives #1 Eric Hamberg; #26 Kevin Harnist; #32 position as a general surgeon at Northwestern led by Rob Florian to the game-saving incom- Frank Hilvers; #21 Cody King; #81 Dan Kloepfer; #64 Anthony Louderback; #38 Dan University Medical Center in Chicago, and a pletion forced by Kevin Harnist on Warren McDonald; #89 Bryan McKiddy; and #49 Jake neurosurgical residency at the University of Harding’s tying two-point conversion attempt, Paff. Pittsburgh. After moving to Massachusetts in fans were thrilled by the championship effort #37 Bill Poland; #95 Mike Riga; #79 Alex 1976, Dr. Abbasy joined the Neurosurgical and heart displayed by the young men from Robinson; #9 Chris Rothwell; #25 Dan and Neurological Group Inc. in Springfield. Ad- Elder. Scherrer; #50 Nick Schwander; #5 Scott ditionally, he was on the medical staff of the After capturing the state championship, Spitznagel; #63 Brian Stall; #51 Ben area hospitals, including Baystate Medical Elder garnered well-deserved team and indi- Sprengard; #56 Todd Turner; #80 Kevin Center, Mercy Medical Center, and Holyoke vidual honors. The Panthers were ranked Vater; #93 Brandon Wittwer; and #75 John Wolff. Hospital. Abbasy served as the Chief of Neu- ninth in the national high school football Juniors: #34 Eric Andriacco; #54 Steve rosurgery at Mercy Medical Center from 1988– rankings released by USA Today. Individually, Baum; #58 Kenny Berling; #62 Ryan Brinck; 1993, and extended his services to Baystate Coach Doug Ramsey was named Ohio Tri- #20 Michael Brown; #68 Alec Burkhart; #23 Medical Center from 1993–2001. Also, Dr. Coach of the Year, and Senior LB Tony Mark Byrne; #42 Steve Haverkos; #70 Chris Abbasy was the assistant clinical professor in Carvitti was selected as Ohio Tri-Defense Heaton; #82 Nick Klaserner; #17 Danny the neurosurgery department at Tufts Univer- Player of the Year. Other All-Ohio honorees Kraft; #48 Joe Lind; #47 Pat Lysaght; and #53 sity. include: First Team selection Bill Poland; Sec- Corey McKenna. Dr. Abbasy was an established neuro- ond Team selection Tom Anevski; and Special #65 Nick Rellar; #14 Jake Richmond; #91 Tony Stegeman; #88 Ian Steidel; #22 Mike surgeon who was commended on his extreme Mention selection Bradley Glatthaar. Stoecklin; #45 Tim Teague; #24 John precision during surgery. Accordingly, Abbasy Throughout their triumphant season, Elder’s Tiemeier; #19 Sean Carroll; #18 Charlie was the first neurosurgeon in Western Massa- young men labored and sacrificed to forge a Coffaro; #71 Justin Crone; #29 Brett Currin; chusetts to perform a ‘‘Jannetta Procedure,’’ championship team. Elder’s hard-fought and #12 Rob Florian; #84 Kurt Gindling; #11 Brad- which is a microvascular decompression of a inspiring victory has brought pride and honor ley Glatthaar; and #99 Alex Harbin.